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The Project on Socio-Economic Rights and Accountability (SERAP) urged President Muhammadu Buhari to “instruct the Minister of Communications and Digital Economy, Mr. Isa Pantami, and the Director General of the National Commission for the Management of Identity (NIMC) Mr. Aliyu Abubakar to stop pushing for registration of Nigerians for the National Identity Number (NIN) and remove the threat of blocking SIM cards, as the data sought already exists on several platforms, including bank verification numbers (BVNs), driver’s license, international passport and voters’ card. ”
The organization also urged him “to instruct Mr. Pantami and Mr. Abubakar to take concrete steps to quickly ensure that the NIMC is able to faithfully and effectively discharge its statutory functions of harmonizing and ” integrate existing identification databases in government agencies into the national identity database, and to use the information to update the SIM card registration. ”
The federal government had threatened that SIM cards not linked to NINs before December 30, 2020 would be blocked, and that telecommunications service providers who failed to block phone numbers without NINs would have their business licenses withdrawn.
But SERAP, in a letter dated December 19, 2020 and signed by its deputy director Kolawole Oluwadare, said: “No government has the right to deprive its own people of their basic rights under the guise of registering a national identity number. If the authorities continue on this path, threats to citizens’ rights, such as the rights to freedom of expression and access to information, will inevitably increase and NIMC will remain a paper tiger.
SERAP said: “Instead of forcing Nigerians to register, threatening telecommunications service providers with sanctions and exposing Nigerians to the risks of COVID-19, your government should make sure that NIMC is performs its statutory functions of harmonizing and integrating existing government agency identification databases and using the information collected. ”
According to SERAP: “Nigerians’ demand to register with the NIN is cumbersome, unjustified and unnecessary. This would eventually serve no other purpose than to threaten and violate the rights of Nigerians, and create a “ chilling effect ” on the ability of citizens to participate in the fight against corruption in the country, and thus seriously undermine the government’s repeated commitment. to transparency and accountability. ”
The letter, read in part: “There is neither a pressing legal or practical need for this recording, which threatens the human rights of Nigerians, especially as your government is warning Nigerians about the second wave of the COVID-19 epidemic in the country. ”
“Preventing Nigerians from using their SIM cards would amount to a flagrant violation of their rights to freedom of expression and access to information, and would have a ‘chilling effect’ on the enjoyment of other human rights.”
“We would be grateful if your government would indicate the steps taken to end the unnecessary registration of the NIN, remove the threat of blocking SIM cards and take concrete steps to quickly ensure that the NIMC is able to comply. faithfully of its statutory harmonization functions. and integrate existing identification databases in government agencies into the national identity database, within 7 days of receipt and / or publication of this letter. ”
“If we have not heard from you by then as to action taken in this direction, SERAP will take all appropriate legal steps to compel your government to implement these recommendations for the benefit of millions of Nigerians.” ”
“One of the declared objectives of the NIMC, as explained in section 5 [a] of the NIMC law is to harmonize and integrate existing identification databases in government agencies into a national identity database. If the NIMC cannot meet this important legal obligation, it has not achieved an obvious part of its legislative objective. ”
“This push for registration will place a tremendous burden on the exercise of human rights by Nigerians. It is also clearly contrary to the objectives of the Nigerian Communications Commission (NCC) as set out in section 1[g] Nigeria’s Communications Act 2003, which aims to protect the rights and interests of service providers and consumers in Nigeria. ”
“These rights presumably include the rights to freedom of expression, access to information, life and personal safety. The enjoyment of these rights constitutes the basis of a free and democratic society. A democratic government based on the rule of law is a government that is accountable to its citizens and seeks to represent their interests. ”
“The push for the registration of the NIN is a bad move, and cannot find support in existing laws, the Nigerian Constitution of 1999 [as amended] and the country’s international human rights obligations. ”
“SERAP notes that the information on the people currently wanted by your government already exists on several platforms, including through several citizen collection data platforms such as Bank Verification Numbers (BVN), International Passport , driver’s license, SIM card registration and voter card. . ”
“This point is supported by section 5 [h] of the 2007 NIMC Law, which provides that: “the Commission shall establish and maintain secure communication links with any existing database or agency related to identity” ”.
“The legal obligation to harmonize and integrate existing data for the purposes of NIN and SIM registration purposes should not be difficult to achieve, such as Nigeria Immigration Service, National Election Commission Independent (INEC), Central Bank of Nigeria (CBN) and Federal Road Safety Corps (FRSC) is already a member of the NIMC Board of Directors under section 2[1] of the NIMC law. “
“Our demands are made in the public interest and in accordance with the requirements of the Nigerian Constitution of 1999, the country’s international human rights obligations, including under the International Covenant on Civil and Political Rights and the African Charter of human and peoples’ rights. Nigeria has ratified both human rights treaties. “
“According to our information, your government has issued a two-week ultimatum to register and link the National Identity Number (NIN) to mobile phone numbers across the country.”
“The NCC also reportedly ordered telecom service providers to block phone numbers without NINs while Mr Abubakar said there would be no extension of the announced deadline ending December 30, 2020.”
“Your government has also reportedly threatened that ‘after the deadline all SIM cards without NINs should be blocked from networks. Violations of this directive will be punished with severe penalties, including the possibility of withdrawing the operating license. “
The letter is copied to Mr. Abubakar Malami SAN, Attorney General of the Federation and Minister of Justice, Mr. Pantami and Mr. Abubakar.
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